Greenville, NC asked in Family Law for North Carolina

Q: After 9 years of divorce settlement in NC, can ex husband carry you back for your 401k?

I agreed to him paying no child support only paying 1/2 medical expenses that my insurance did not pay. He did not pay his half of the braces that cost 5000.00 stuck me paying his half and my half. So I took him back for child support through DSS. They have been extremely slow in getting him to pay, kids are grown now 18 and 20. they are finally catching up with him. now he is threatening to carry me back to get half of my 401k if I don't drop the child support. Can he carry me back to court my 401k?

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2 Lawyer Answers
Amanda Bowden Johnson
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Jacksonville, NC
  • Licensed in North Carolina

A: If you are divorced and the 401(k) issue was not brought up, he will be barred from getting any of it now. If the 401(k) issue was resolved in the divorce, he will likely be held to that resolution.

Angela L. Haas
Angela L. Haas
  • Raleigh, NC
  • Licensed in North Carolina

A: Depends on exactly what your agreement stated. Most likely, since you are most likely divorced now, he will not be able to get to your 401(k), directly. If you breached the agreement, however, the court could order you to pay a certain amount, but could not tell you you had to get it from the 401(k).

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